Land Use And Construction Permit Review

Overview

Monterey County development activity is regulated through permitting to ensure safe and responsible growth. All new development must comply with various land use policies and building code regulations. Some of these policies and regulations are related to countywide floodplain management, drainage control, and water supply protection. MCWRA is responsible for ensuring all development has considered and complied with these water resources related regulations.

Land Use Permits

A land use permit, commonly known as a “discretionary permit”, is a permit required to allow certain types of development. The Monterey County RMA-Planning Department determines which discretionary permits need MCWRA review and approval. MCWRA reviews these permits and determines which projects should consider impacts to any of the following:

FEMA 100-year floodplain

stormwater runoff

groundwater supplies

MCWRA may deem a permit application incomplete if the impacts to these water resources are not sufficiently considered. Permit applicants are encouraged to contact MCWRA staff if their projects involve development in the FEMA 100-year floodplain, propose large areas of newly impervious building coverage, or increase existing water use.

Construction Permits

MCWRA is responsible for ensuring a construction project has addressed the following before a construction permit is issued by the Monterey County RMA-Building Services Department:

Are you located in a FEMA 100-year floodplain? Structures located in the FEMA 100-year floodplain must be constructed in accordance local and federal floodplain management regulations. The General Manager of the MCWRA is the Monterey County Floodplain Administrator who is appointed to administer and enforce these floodplain management regulations. All new development and improvements to structures in the floodplain will require MCWRA review and approval prior to the issuance of any construction permits.

Does your project require a drainage plan? Most construction projects will require a drainage plan to be prepared by a registered civil engineer or licensed architect. If your project is located in the NPDES Urbanized Area, you must comply with new stormwater post-construction runoff requirements enforced by the Monterey County RMA-Environmental Services Department. If the project is not located in this area, MCWRA will analyze the permit application to determine if a drainage plan is needed. This is done in consideration of the 2010 Monterey County General Plan and the various Area and Land Use Plans.

Does your project require verification of an available water supply? Construction projects located within the Monterey Peninsula Water Management District’s boundary need Monterey County’s approval first. MCWRA is the agency responsible for this approval. Prior to applying for your MPWMD water permit, your MPWMD Water Release Form must be submitted to MCWRA for approval and signature.

MPWMD forms may be electronically completed and submitted to MCWRA. Your electronic submittal can be completed by using the fillable MPWMD form (in .pdf above) and emailing the saved form to Mike Logsdon, Water Resources Technician, logsdonm@co.monterey.ca.us.

Monterey County Code Title 21 21.64.130 (Zoning Ordinance) specifies regulations for land use in the Carmel Valley floodplain. The purpose of this section is to protect the Carmel River and its corridor including visual aspects, value as wildlife habitat and stabilize the river channel; preserve the rural character of Carmel Valley; and promote the public health and safety by lessening local flood potential and flood-related hazards.

The 2010 Monterey County General Plan addresses unincorporated areas of the county, with the exception of coastal areas, and sets forth goals and policies to guide future decisions that relate to the physical development of Monterey County. MCWRA provides advice and land use guidance for the consideration of the following goals:

Goal S-2 (Flood Hazards) - Reduce the amount of new development in floodplains and, for any new development that does occur, minimize the risk from flooding and erosion;

Goal S-3 (Drainage) - Ensure effective storm drainage and flood control to protect life, property, and the environment; require that all land disturbances larger than 1 acre ensure that the post-development stormwater discharge from the site will not exceed the amount of runoff under pre-development conditions (see attachment here for MCWRA Drainage Guidelines); and,

Goal PS-2 (Water Quality and Supply) - Assure a safe and sustainable water supply to meet the county’s current and long-term needs.

Due to the diversity of Monterey County, geographically smaller plans were created to provide more specific policies unique to particular geographical areas. MCWRA staff utilizes the following Area and Land Use Plans for specific floodplain management, drainage control, and water supply policies: